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NCJRS Abstract

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NCJ Number: 184994 Find in a Library
Title: Comparative Study of the Role Played by the Public Prosecutor and the Examining Judge in the Pre-Trial Investigation Phase of French and Dutch Criminal Procedure (De sturing en controle van de politie in het Franse en Nederlandse vooronderzoek in strafzaken)
Author(s): P. A. M. Verrest
Date Published: 2000
Page Count: 151
Sponsoring Agency: Netherlands Ministerie Van Justitie
S-Gravenhage, Netherlands
Sale Source: Netherlands Ministerie Van Justitie
Redactie En Administratie
Raamweg 47
Type: Report (Study/Research)
Format: Document
Language: Dutch
Country: Netherlands
Annotation: The primary purpose of this study is to provide the Dutch Department of Justice with useful information in two fields (criminal procedure legislation and policymaking on the investigation of organized crime); because of its comparative description of French law and procedure, the study could also contribute to the development of judicial cooperation between the Netherlands and France.
Abstract: The study is based on a literature review as well as research into the pretrial investigation practice, using both interviews and observation. Study results are presented in two reports. The first report consists of two parts. The first provides a comprehensive introduction to French law and procedure. The second part focuses on the direction and control of police investigations. In both France and the Netherlands, general rules have been fashioned to give the public prosecutor and procurators general formal authority over police forces. Another set of regulations governs the interactions among police, public prosecutors, and examining judges during the investigations, with attention to who can decide the use of investigative and coercive powers. Because of the threat of organized crime as well as the risks involved in the use of certain investigative methods to combat organized crime, control of investigations has been enhanced and centralized at higher levels. Centralization of control exists on a much larger scale in the Netherlands than in France. In the Netherlands, control is concentrated in the Board of Procurators General; in France, control is in the Department of Justice. Formal authority of the Dutch public prosecutor over police forces is broader than the authority of the French counterpart. There are also important differences between the two countries in the roles of the public prosecutor and the examining judge. These differences will be the subject of research in the second report, which will be issued by the end of the year 2000. 120 references
Main Term(s): Court procedures
Index Term(s): Comparative analysis; Criminal procedures; France; Netherlands; Police prosecutor relations; Pretrial procedures
Note: English Summary, P 139-140
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